Earlier in March, Richmond, Virginia DUI defense attorney Bob Battle cast doubt regarding the accuracy of Fairfax County’s breath testing machines. According to Mr. Battle, one of the machines used by the county, the 10-year-old Intoxilyzer 5000, has significant weaknesses. Police officers and courts often use the results of this machine to convict a driver of driving under the influence (DUI) in Virginia.
Bob Battle was representing a driver accused of DUI, when he discovered the weakness in the Intoxilyzer 5000. According to Mr. Battle, when he received the records of the machine, he found out that one of the motors had been replaced. After further investigation, he discovered that Virginia had purchased a number of replacement motors from various companies and that they couldn’t even tell you what motor was in the machine. Without knowing the details of the replaced motors, the entire Intoxilyzer 5000 can be inaccurate.
The Fairfax County, Virginia General District Court judge presiding over the case agreed to allow experts to test the accuracy of the breath machine. However, the prosecution wanted to avoid the testing and offered to reduce the DUI charge to reckless driving, which allowed the motorist to keep his license. The deal offered by the prosecution was too good to turn down, but Mr. Battle believes that the breath machine will be tested one day.
"I sincerely believe it's going to be like that scene from the Wizard of Oz. Once they roll back that curtain, they're going to find that this machine is not the perfect machine they try make it out to be -- that this is an outdated contraption. That's why Virginia, when they contracted for the new replacement machines, one of the conditions was that it couldn't have this type of motor in it," said Mr. Battle.